Centre studying fallout of `fatwa' against girl

March 29, 2006 12:00 am | Updated March 23, 2012 10:14 am IST

Legal Correspondent

Time sought for collecting information

New Delhi: The Centre on Monday informed the Supreme Court that it was looking into the controversy over the establishment of a parallel Muslim judicial system in the wake of a `fatwa' issued by Islamic seminary Darul-Uloom against a Muslim girl, allegedly raped by her father-in-law.

Additional Solicitor-General Gopal Subramaniam told a Bench of Justices Ruma Pal and Dalveer Bhandari that ``we are looking into the matter. We have to collect information from all over the country." Hence, he sought time from the court. The Bench accepted the request and asked the petitioner, advocate Vishwa Lochan Madan, to serve a copy of the petition to the parties if he had not already given.

In August last, the apex court had issued notice to the Centre, the All-India Muslim Personal Law Board (AIMPLB) and others on a writ petition to restrain the Board from establishing a parallel Muslim judicial system (Nizam-e-Qaza). Mr. Madan submitted that Imrana was allegedly raped by her father-in-law and the village panchayat passed a fatwa asking her to treat her father-in-law as her husband. The Darul-Uloom also declared that Imrana was ineligible to live with her husband. This was endorsed by the AIMPLB.

He contended that matters relating to Imrana's status of marriage and dissolution of marriage were squarely covered under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937. He said a parallel Muslim judicial system was sought to be introduced by the setting up of Dar-ul-Qaza (courts) at various places which had started functioning as courts of justice.

He demanded that activities of the AIMPLB and other similar organisations for establishment of a Muslim judicial system and the setting up of Dar-ul-Qazas and Shariat Court be made absolutely illegal and unconstitutional, and fatwas pronounced by various authorities were made unenforceable.

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